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B-202149 1 (1981-12-30)

handle is hein.gao/gaobadjze0001 and id is 1 raw text is: DECIBION .YfHE COMPTROLLUER GIENIMRAL OF THE UNITBO BTA'fl WA1HINGTONo, o, 205 48 FILE B-202149 OAT:F December 30, Z981 MATTER OF; Lieutenant Deceased Colonel William J9 Fields, USAF, DIG Es8T A member of the Air Force was Benefit Plan as amended by claim the ann wife had sued support and a divorce was a was dismissed Resorve component of the a participant in the Sur;ivor (SBP), 10 UqSvC. 1447-1455, Public Law 95-397, Two women uity as widow, The fiest him during his lifetime for declaration that his Mexican nullity, Since that action with prejudice following support settlement, thereby precluding her from relitigating the question of her marital status, she would also be precluded from validly asserting a right to the SBP annuity as the member's widow, 2. A member of the R0serve component of the Air Force was a partictdant in the survivor Benefit Plan (SOP), 10 U.SC. 1447-1455, as amended by Public Law 95-397. Two women claim the annuity as widow, The merdner's first marriage was allegedly terminated by a Mexican divorce which the first wife has challenged, Since such divorces are not generally recognized by State courts a ruling by a court of competent jurisdiction as to the validity of the relationships involved is usiially required (55 Comp. Gen. 533 (1975)), Since the first wife's suit asserting the continued validity of the first marriage was dismissed with prejudice she cannot question the validity of the second marriage. AccordIngly, the claim of the second wife may be allowed. This Accounting proper (SBP), action is in and Finance recipient 10 U.S.C. response Center, of an annuity 1447-1455, as to a letter, from the Air Force requesting a decision as to the under thc Survivor Benefit Plan amended by Public Law 95-397, 4 4'~f 0 9 9.-.q 9 I S~ - I d . 4p

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